11 countries where you should think twice about insulting someone

(Image: Bplanet/Shutterstock)

(Image: Bplanet/Shutterstock)

Croatia’s new criminal code has introduced “humiliation” as an offence — and it is already being put to use. Slavica Lukić, a journalist with newspaper Jutarnji list is likely to end up in court for writing that the Dean of the Faculty of Law in Osijek accepted a bribe. As Index reported earlier this week, via its censorship mapping tool mediafreedom.ushahidi.com: “For the court, it is of little importance that the information is correct – it is enough for the principal to state that he felt humbled by the publication of the news.”

These kinds of laws exist across the world, especially under the guise of protecting against insult. The problem, however, is that such laws often exist for the benefit of leaders and politicians. And even when they are more general, they can be very easily manipulated by those in positions of power to shut down and punish criticism. Below are some recent cases where just this has happened.

Tajikistan

On 4 June this year, security forces in Tajikistan detained a 30-year-old man on charges of “insulting” the country’s president. According to local press, he was arrested after posting “slanderous” images and texts on Facebook.

Iran

Eight people were jailed in Iran in May, on charges including blasphemy and insulting the country’s supreme leader Ayatollah Ali Khamenei on Facebook. They also were variously found guilty of propaganda against the ruling system and spreading lies.

India

Also in May this year, Goa man Devu Chodankar was investigated by police for posting criticism of new Indian Prime Minister Narendra Modi on Facebook. The incident was reported the police someone close to Modi’s Bharatiya Janata Party (BJP), under several different pieces of legislation. One makes it s “a punishable offence to send messages that are offensive, false or created for the purpose of causing annoyance or inconvenience”.

Swaziland

Human rights lawyer Thulani Maseko and journalist and editor Bheki Makhubu were arrested in March this year, and face charges of “scandalising the judiciary” and “contempt of court”. The charges are based on two articles, written by Maseko and Makhubu and published in the independent magazine the Nation, which strongly criticised Swaziland’s Chief Justice Michael Ramodibedi, levels of corruption and the lack of impartiality in the country’s judicial system.

Venezuela

In February this year, Venezuelan opposition leader Leopoldo Lopez was arrested on charges of inciting violence in the country’s ongoing anti-government protests. Human Rights Watch Americas Director Jose Miguel Vivanco said at the time that the government of President Nicholas Maduro had made no valid case against Lopez and merely justified his imprisonment through “insults and conspiracy theories.”

Zimbabwe

Student Honest Makasi was in November 2013 charged with insulting President Robert Mugabe. He allegedly called the president “a dog” and accused him of “failing to do what he promised during campaigns” and lying to the people. He appeared in court around the same time the country’s constitutional court criticised continued use of insult laws. And Makasi is not the only one to find himself in this position — since 2010, over 70 Zimbabweans have been charged for “undermining” the authority of the president.

Egypt

In March 2013, Egypt’s public prosecutor, appointed by former President Mohamed Morsi, issued an arrest warrant for famous TV host and comedian Bassem Youssef, among others. The charges included “insulting Islam” and “belittling” the later ousted Morsi. The country’s regime might have changed since this incident, but Egyptian authorities’ chilling effect on free expression remains — Youssef recently announced the end of his wildly popular satire show.

Azerbaijan

A recent defamation law imposes hefty fines and prison sentences for anyone convicted of online slander or insults in Azerbaijan. In August 2013, a court prosecuted a former bank employee who had criticised the bank on Facebook. He was found guilty of libel and sentenced to 1-year public work, with 20% of his monthly salary also withheld.

Malawi

In July 2013, a man was convicted and ordered to pay a fine or face nine month in prison, for calling Malawi’s President Joyce Banda “stupid” and a “failure”. Angry that his request for a new passport was denied by the department of immigration, Japhet Chirwa “blamed the government’s bureaucratic red tape on the ‘stupidity and failure’ of President Banda”. He was arrested shortly after. 

Poland

While the penalties were softened somewhat in a 2009 amendment to the criminal code, libel remains a criminal offence in Poland. In September 2012, the creator of Antykomor.pl, a website satirising President Bronisław Komorowski, was “sentenced to 15 months of restricted liberty and 600 hours of community service for defaming the president”.

This article was published on June 6, 2014 at indexoncensorship.org

Egypt: A chilling message and a case in uproar

A chilling message sent by award-winning photojournalist Mosa’ab El Shamy via his Twitter account on Monday filled his 41,000 online followers with dread. Alerting them that his brother, reporter Abdullah El Shamy, had been “removed from his prison cell and taken to an unknown location”, Mosa’ab added that he was “still trying to find out more.”

Abdullah, who works as a journalist with the Arabic-language Al Jazeera (AJ) Misr Mubasher Channel, has been detained at Cairo’s Torah prison since August. He was arrested outside the Raba’a El Adaweya Mosque in Cairo’s eastern residential neighbourhood of Nasr City while filming the forced dispersal of a sit-in by supporters of toppled Islamist President Mohamed Morsi. At least 600 protesters were killed and thousands more were injured in a single day of violence when security forces stormed the pro-Morsi encampment on August 14 .

Mosa’ab’s Twitter post provoked an angry outcry from hundreds of internet activists who demanded that the Egyptian authorities “immediately disclose the whereabouts of the 26 year-old AJ detainee.” The fact that Abdullah has been on hunger strike since January 27–and had reportedly lost a third of his body weight–further fueled concerns over his disappearance and ailing health.

“If they can let a prisoner on hunger strike like Abdullah El Shamy just vanish in Egypt, what does Foreign Minister Fahmy’s talk of ‘due process’ really mean?” asked Jonathan Moremi, a journalist with the independent Egyptian paper Daily News Egypt.

On a recent visit to the United States, Egypt’s Foreign Minister Nabil Fahmy told US Secretary of State John Kerry that the country’s courts were “independent of the government.” He insisted that a “due process” was allowed in all court cases, leading to “fair decisions” by the judges. His statements came in response to criticism from US officials and international rights groups of an April court decision sentencing 683 Muslim Brotherhood supporters to death for their role in protests last year against the overthrow of Mohamed Morsi. Kerry called the mass death sentences a “dangerous development.” Amnesty International, meanwhile, said “the Egyptian judiciary risked becoming a part of the authorities’ repressive machinery.”

In a blog titled “Where is Abdullah El Shamy?” posted on her website Wednesday, prominent Egyptian blogger Zeinobia said that blood samples taken by Abdullah’s family had shown he was “on the verge of kidney failure.” She also reminded readers that “journalism is not a crime.”

Abdullah is one of 17 journalists currently imprisoned in Egypt and one of four detainees working for the Al Jazeera news network , according to a recent report released by the Committee for the Protection of Journalists , CPJ. Sixty five journalists have been detained since the military takeover of the country in July 2013, the CPJ report adds. Analysts say Abdullah’s situation appears to be “more serious” than that of the other three AJ journalists who have been charged with “fabricating news that harms national security” and “aiding a terror group.” Abdullah has languished in prison for nine months (four months longer than his detained colleagues) and unlike them, he has not been charged thus far. Furthermore, he works for the Al Jazeera Mubasher Misr, a network that has been accused by the Egyptian government of being “a mouthpiece for the Muslim Brotherhood”, designated by Egypt as a terrorist organization last December. The three other AJ detainees work for Mubasher Misr’s sister channel, Al Jazeera English, generally perceived by Egyptians as being “more balanced” and “fair”.

In a letter smuggled out of his prison cell at the end of January, Abdullah described the dire conditions inside Torah prison, saying he was sharing a tiny cell with 16 inmates. Announcing his decision to go on hunger strike “to send a message to intimidated journalists practicing self-censorship” and “exhort them to overcome their fear,” Abdullah expressed a defiant spirit, telling the military junta that nothing would break his will or his dignity. In a video smuggled out of prison , he held the Egyptian authorities responsible should harm befall him. ” I have repeatedly asked for medical attention but to no avail,” he says in the video.

It took a nerve-wracking two days for Mosa’ab to find his “missing” brother. In a second message posted on Twitter on Wednesday, he informed his online friends and fans that Abdullah had been moved to solitary confinement in Tora’s high security “Scorpion Prison”. Abdullah was being punished “for refusing to end his hunger strike and for attracting international attention to his plight,” Mosa’ab said.

Heba Saleh, the Financial Times’ Cairo Correspondent, who visited the three AJE detainees on Wednesday, offered another explanation for Abdullah’s disappearance. She quoted prison authorities as saying that Abdullah was being punished “for a smuggled cell phone found in his possession.”
Meanwhile, the trial of the three Al Jazeera English journalists –Australian journalist Peter Greste, Cairo Bureau Chief Mohamed Fahmy and producer Baher Mohamed–took a turn for the worse on Thursday when Lawyer Farag Fathy– the Defence Attorney representing Greste–quit the case, accusing the international news network of jeopardizing his client’s case.

In a surprise move on Thursday, Fathy announced he was withdrawing from the case, adding that Al Jazeera was using the trial for “promotional purposes.” Fathy’s decision to step down came after the Qatari-hosted news network served a Notice of Dispute against Egypt for breaching a 1999 investment treaty with Qatar, Hayden Cooper , ABC’s Middle East Correspondent reported on Thursday. In an article published online by Australia’s ABC news network, Cooper said Al Jazeera was seeking US Dollars 150 million in compensation from Egypt for losses the media outlet had incurred as a result of the closure of its offices in Cairo, the jamming of its satellites broadcasting in Egypt and the mistreatment of its journalists.

Thursday’s court session made little headway as defence lawyers complained to the judge that the prosecution had asked them to pay an exaggerated fee of 1.2 million Egyptian Pounds to review “the evidence.” Adjourning the trial until May 22, the judge urged the prosecutors to allow the lawyers access to the video footage they claim contains “evidence” against the defendants. He also asked them to state in writing their “desired price” for making the footage accessible to the lawyers.

The new developments threaten to further prolong the case that has dragged on for four and a half months. Defence lawyers and analysts fear the recent turn of events may also threaten the final outcome of the case, resulting in an unfair verdict. The four detained AJ journalists, including Abdullah El Shamy, are caught up in the middle of the Egypt-Qatar political dispute, they say, adding that the case is clearly “political” and hence there is little hope that justice will prevail. Abdullah, who has completed 100 days on hunger strike, may not live long enough to hear the verdict.

This article was posted on May 16, 2014 at indexoncensorship.org

Shahira Amin: Remembering Bassem Sabry

Bessam_Sabry

The shocking news of the death of democracy advocate and widely acclaimed Egyptian blogger, Bassem Sabry on April 29, hit me like a lightning bolt.

My short friendship with Bassem dates back to the early days of the January 25 uprising a little over three years ago when, without knowing me personally, Bassem had telephoned to congratulate me on quitting my job at Egypt’s state-run Nile TV in protest at the station’s biased coverage of the protests in Tahrir Square. Although we only met a couple of times after that conversation, I have since considered Bassem “a friend” mainly because of our shared aspirations for a better Egypt.

I learned of Bassem’s death from the flood of Twitter tributes to him from his friends, associates and fellow revolutionaries posted a couple of hours after he had passed away in what his family members describe as a “tragic accident.” Like many of his friends, I had hoped the Twitter eulogies were a sick joke. Unfortunately, they weren’t.

Bassem’s death was confirmed shortly afterward by news reports that said he had fallen to his death from a 10th floor balcony of his apartment after he reportedly “went into a diabetic coma”.

In an outpouring of love and grief, many of Bassem’s comrades in the struggle for a free and democratic Egypt — and some admirers who had never met him but who knew Bassem from his honest and insightful writings and commentaries on Egyptian politics, post-revolution — wrote moving eulogies to him on Twitter .

“Only the good die young but a great loss for those who still have hope for a better Egypt,” prominent human rights lawyer Ragia Omran said via her Twitter account.

“I never knew him but I knew his work. I saw the impact he had and his determination to make things better,” wrote Jeremy Walker, a journalist who has worked for the BBC World Service.

In other online tributes to Bassem, he was fittingly described as “an inspiration”, “a voice of reason”, “a true patriot” and “a champion of civil rights.”  Highly respected for his reasoned analysis of regional politics for several international and local media outlets (including Al Monitor, Foreign Policy, the Huffington Post and the independent Egyptian daily Al Masry El Youm), Bassem’s ability to rise above the deeply divided political fray has earned him respect from across the political spectrum.

“I call on the youth of the revolution to pray for a companion and a noble person whom we lost,” exiled Nobel Peace Prize winner Mohamed ElBaradei said on Wednesday via his Twitter account. Bassem had briefly worked as a strategist for Al Dostour Party — the political party founded by ElBaradei after the January 2011 uprising. That however, did not stop him from criticizing the liberal politician’s “one foot inside, one foot outside” attitude vis-à-vis Egyptian politics, which Bassem deemed “frustrating to his supporters”.

Nader Bakkar, the spokesperson for the ultra-conservative Salafi Al Nour Party also expressed his condolences following Bassem’s death, describing him as “a moral person who loved his country”.

Bassem has also been hailed by analysts as a “voice of moderation and conciliation” — a title he deservingly earned for his repeated pleas for unity in the bitterly divided country. In an article published by Ahram Online on June 18, 2013 — just two weeks before Islamist President Mohamed Morsi was toppled by military-backed protests — Bassem had expressed his anxiety and frustration at the discord and deepening polarisation in Egypt. He wrote:

“It is utterly frustrating, disheartening and troubling to see where we are after more than two years of a revolution that was meant to end injustice, political exclusion and repression and hopefully unify most of the country around the dream of rebuilding a strong and vibrant nation. Instead, much of that injustice, exclusion and repression still exists. What’s worse, we’re more divided than ever as a people, and more exclusionary, while the voices of reconciliation and bridge-building are finding themselves more and more unpopular.”

In the same article, Bassem also expressed fear that the deep divisions in Egypt would lead to more blood-letting and violence in the months ahead.

“The fact that we are likely to see some violence and casualties on all sides fills me with dread,” he wrote, noting that clashes between Morsi supporters and opponents had already erupted in Fayoum and Menoufiya. Bassem’s fears were not unfounded: the country has since slipped into a spiral of violence and counter-violence with security forces using lethal force to disperse “anti-coup” protests and militants retaliating with attacks on military and security installations.

Meanwhile, an Arabic essay written by Bassem in October 2012 — around his 30th birthday — and which was published in the independent Al Masry El Youm, reflects his admirable traits of tolerance and compassion while demonstrating his strong urge to embrace all of humanity. In the essay titled Eleutheria, Bassem shared with readers the lessons that life had taught him. Many of those who have read the piece were amazed by the foresight and wisdom of someone so young. The essay was later translated into English and posted on his blog site, becoming one of the most read articles in 2012.

“I have met Hindus, Buddhists, Christians, the non-religious, the still-searching, and others. And I have met those of all skin colours. And I have found them to all be like myself. We became friends, and I became wealthier in spirit as a human being. And I learned that mankind was one, that coexistence was possible, that we must ostracise the hate-mongers amongst us. We can achieve with the pen and the word much more than what we can achieve with guns and loud angry rhetoric – and achieve that more rapidly ”

Unlike many Egyptian journalists who practice self-censorship in the current repressive climate of fear since the coup, Bassem had refused to be intimidated and had managed to remain neutral and objective throughout. He refused to take sides in the ongoing conflict between the military and the Muslim Brotherhood, designated as a terrorist organization in December. A few weeks ago when asked by a fellow journalist whose side he was on, he replied: “Nobody’s, I simply support my country.”

Close friends and secular activists describe him as “an optimist to a fault”. In recent months however, Bassem’s optimism had waned and he became increasingly frustrated with the political turmoil, violence and above all, with the military-backed government’s repressive policies. In a tribute to Bassem published in the independent news portal Mada Masr on Thursday, his friend H. A. Hellyer, a non-resident Associate Fellow at the Royal United Services Institute for Defence and Security Studies in London and the Brookings Institution wrote: “Bassem at heart was a great optimist. However, and he was very reserved about this fact, he was deeply and terribly pained by the experience of particularly the last year. The pain he felt, as he saw Egyptian turn on Egyptian, troubled him tremendously. He lived to see the revolution that so many Egyptians of his generation wanted to be a part of — but he was also profoundly wounded to see the failure of Egyptians to live up to that revolution.”

Bassem himself had expressed his dismay at the turn of events in Egypt, post-revolution, blaming the messy transition on the lack of vision of the country’s political elite. In an article published by Ahram Online in June 2013,  he lamented that “the political elites, on every side of the spectrum, have profoundly failed the nation in varying ways down the road through an astonishing alternation (or even, at times, a blend) of lack of vision, displays of ineptitude, an improper balance of idealism and pragmatism, inability to know when to lead the street and their political biases and when to defy them for a greater good if necessary, and more.”

I last met Bassem for dinner at a restaurant overlooking the Nile River in the affluent neighbourhood of Zamalek one week before his death. That evening, he did not drink and left his food untouched. I also noticed that he had lost his infectious vigour and enthusiasm; it was clear he had been weighed down by the news of daily killings and detentions of both secular activists and Muslim Brotherhood supporters, the targeting of journalists by security forces and the recent mass death sentences handed down to Morsi loyalists. We talked about the ongoing events and about the presidential elections scheduled for the end of this month. Bassem told me that he had joined leftist politician Hamdeen Sabahy’s presidential campaign. I was not surprised. After all, most young revolutionaries do not want to see Egypt return to oppressive military rule and Sabahy is the sole candidate contesting the presidential elections against Field Marshal Abdel Fattah El Sisi. Despite joining protests demanding the downfall of the Muslim Brotherhood regime in July 2013, many of them are waking up to the realization that their uprising has paved the way for the return of the old police state that existed under Hosni Mubarak. The jailing of prominent secular activists, the return of media censorship and the recent outlawing of the April 6 group — the movement that helped ignite  the January 2011 mass protests — are all signs that the revolution has once again been stolen and that this is the counter-revolution, lament the young activists.

In a message posted on his Twitter account on March 24, 2013 Bassem had quizzed: “Why is it that all the good people die in this country?” He had posed the question in the wake of violent demonstrations against the Muslim Brotherhood and clashes between secular activists and Brotherhood supporters outside the Islamist group’s Cairo Headquarters. Earlier that same day, Morsi had warned he would take “necessary measures” against any politicians and Mubarak loyalists shown to be involved in the violence and rioting.

At the time, Bassem was probably unaware that his question was a premonition of his own death. It is a question that many of his young activist friends are echoing today.

“Why is it that all the good people die in this country?” Rest in Peace, Bassem. You will be sorely missed.

This article was posted on May 6, 2014 at indexoncensorship.org